Kabir, Aji,
It is as important to curb the explosion of drunken driving in The Gambia as it is to prevent "kangaroo justice" spreading in our judicial system. As Aji has already pointed out, we must wait for the facts of the matter, but I doubt if the Observer report is not factual given the brutalization they have been through recently, I do not think they would attempt to report anything of this nature without making sure they have reliable sources.
Abdoulie Jallow
-----Original Message-----
From: Amadu Kabir Njie <[log in to unmask]>
To: [log in to unmask] <[log in to unmask]>
Date: Sunday, September 26, 1999 6:39 AM
Subject: Re: Question????
Aji,
It seems you are missing my point. I said that I am not trying to justify the despatch with which Mr. Jallow was tried and sentenced. That cannot be defended!
What I am trying say is that government must look in the phenomenon of drunken driving which is very widespread at home. I am sure you yourself have given the issue a thought at one time or another. I said that the phenomenon has bothered me for some time and that it is time government take a look at the issue. Please go back and read my posting more calmly and you will see that I am not trying to justify trying a drunk person. They don't do that even in Russia.
Regards
Kabir.
> Dear Mr Njie,
>
> I share your passion on this subject but the issue is not about big men
> parking their cars outside bars whilst they booze. This is about punishing
> properly when they commit crimes which involves drunk driving. Two wrongs do
> not make a right. Obviously when you try and convict someone whilst he was
> not in a state to be tried, not matter how guilty he or she is, the decision
> can be appealed against and because of that minor factor, the appeal may be
> allowed and the decision overturn. What then would that say for justice!
> What about the innocent victims and about the accused himself. How would he
> be made to understand and appreciate the nature of the crime he has
> committed.
>
> NO! No! I am totally against getting scapegoats. I am totally against the
> trial of individuals who were not fit for trial for want of a convict. It
> would not serve any purpose. How would it affect the deterrence principle?
>
> aji
> -----Original Message-----
> From: Amadu Kabir Njie <[log in to unmask]>
> To: [log in to unmask] <[log in to unmask]>
> Date: Sunday, September 26, 1999 10:04
> Subject: Re: Question????
>
>
> >Hello everyone who's in on this,
> >
> >I just felt that I had to jump in on this one for, it just happens that
> drunken driving in The Gambia is an issue that has bothered me for quite a
> while. Even though the point of discussion here is the validity of trying
> somebody in a state of drunkenness, I feel that we must widen the scope of
> the debate to include drunken driving itself.
> >
> >It is a very common sight at home to see 'big men' with their cars parked
> outside bars whiles they booze and this is a phenomenon that has been going
> on for quite a while. I think that government should come down hard on these
> drunkards who put the lives of innocent people at risk by their careless
> behaviour.
> >
> >I am not trying to justify the dispatch with which Abdoulie Jallow was
> tried and sentenced but rather that government should make it understood by
> examples that such disregard for the security of innocent citizens shall not
> be tolerated. This however, presupposes a disciplined police force that will
> carry out its duties without fear or favour.
> >
> >Regards.
> >
> >Kabir.
> >
> >
> >----- Original Message -----
> >From: Aji Joof <[log in to unmask]>
> >
> >> Well, we are also recovering from the effect of such a case. However, not
> >> wanting to jump into any conclusiion, we do not know for a fact whether
> the
> >> accused was actually still intoxicated or just exhausted. Magistrate
> Roche
> >> is a qualifed lawyer and a prinicipal magistrate for that matter. She
> knows
> >> that you cannot try a man or anybody for that who is still under the
> >> influence of a liquor or substance.
> >>
> >> Then again, we must be careful not to jump the gun. We do not know the
> state
> >> of the accused. I personally was not in court at the time and ofcourse
> >> remember the saying you can't always believe everything you read on the
> >> newspapers! Until and unless we know exactly how the case was conducted,
> we
> >> should all give
> >> Magistrate Roche the benefit of a doubt. If it is an judgemental error it
> >> sure will be rectified.
> >>
> >> aji
> >> -----Original Message-----
> >> From: Ndey Jobarteh <[log in to unmask]>
> >> To: [log in to unmask] <[log in to unmask]>
> >> Date: Saturday, September 25, 1999 04:04
> >> Subject: Re: Question????
> >>
> >>
> >> I will like our lawyers to help out on this too. THis is the craziest I
> have
> >> ever heard of.
> >>
> >>
> >> The Struggle Continues!!
> >> Ndey Jobarteh
> >>
> >>
> >> -----Original Message-----
> >> From: Bamba Laye <[log in to unmask]>
> >> To: [log in to unmask] <[log in to unmask]>
> >> Date: 25 September 1999 04:07
> >> Subject: Question????
> >>
> >>
> >> Help me on this one folks. does Gambia law allow trial of a person while
> >> they are intoxicated?
> >>
> >>
> >> Abdoulie Jallow
> >>
> >> Fastest legal case in The Gambia?
> >>
> >>
> >> In an unprecedented case, one Abdoulie Jallow, 30, a Guinean
> >> born taxi driver was on Wednesday arrested, charged, convicted and
> sentenced
> >> to eight years in jail or to pay a fine of D22,500 for drinking and
> driving,
> >> within two hours of committing the offence.
> >>
> >> The particulars of offence states that "Mr Jallow, on
> Wednesday
> >> September 22, at around 8-9 am drove a mercedes benz registered number KM
> >> 2406 in a manner dangerous to the public; that on the same day, he failed
> to
> >> stop his vehicle when required by a police officer in uniform contrary to
> >> the Motor Vehicle Traffic Act."
> >>
> >> When the charges were read to him in court, he pleaded guilty
> to
> >> both counts. On count one, Jallow was sentenced to a five year prison
> term
> >> or a fine of D20,000, and on count two, he got three years or a D2,500
> >> fine.The prison terms are to run concurrently.
> >>
> >> In his plea for mercy, Mr Jallow who was still drunk,
> lamented:
> >> "I am a stranger in The Gambia. I do not know the Gambian laws. Please
> >> forgive me."Our reporter sighted Jallow snoring heavily at the mobile
> >> traffic unit offices after the sentence was passed.
> >>
> >> The case was presided over by Magistrate HC Roche of the
> >> Kanifing Court. The prosecution officer was First Class Corporal Baldeh..
> >>
> >>
> >>
> >> Source: Weekend Observer 09/24/99
> >>
> >> -------------------------------------------------------------------------
> ---
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> >> Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html
> >>
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> >>
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